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Everytime I see these Terms of Use I wonder, to what extent are they applicable? They can write whatever they want there, but what is enforceable? Example: "By registering to this website the user agrees to the obligation of coming everyday to mike's house and give him a foot massage"



Contract law is complicated and IANAL. In the end it's up to the judge to decide. There are numerous rules of thumb that apply to contracts, like it has to be mutally benefitial, must be a meeting of the minds, both parties must consent, etc.


What would be really cool is terms of use that lets you agree or disagree with entire sections. However, each section you disagree with turns off some functionality of the site with some sections being mandatory for any access at all.


It all comes down to in most cases to what the court deems "reasonable expectations", which that would likely not fall under.


I am pretty sure that foot massage clause is in Apple's ToU. Everything else is.


That, as always, would be up to the court.




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